Northwestern District Attorney Elizabeth Scheibel seeks uniform approach in dealing with marijuana law

NORTHAMPTON - As they await the implementation of a ballot initiative that decriminalized the possession of an ounce or less of marijuana, police and prosecutors here remain uncertain what kind of adjustments they will have to make.

About two-thirds of Bay State voters approved Question 2 on Tuesday's ballot, instituting a $100 fine for possession of marijuana in lieu of a criminal charge. Proponents of the measure argued that the civil fine was a more appropriate punishment for simple marijuana possession than a criminal record.

On Wednesday, Hampden District Attorney William M. Bennett, said he will drop all pending charges of marijuana possession of an ounce or less and cease prosecuting new cases. Both Bennett and Northwestern District Attorney Elizabeth D. Scheibel were outspoken opponents of Question 2. However, Scheibel's office said Friday that it will take a more cautious approach.

Deputy First Assistant District Attorney Elizabeth Dunphy Farris said Scheibel plans to meet with her fellow district attorneys before deciding how to respond to the impacts of Question 2.

"The district attorney is open to determining what to do with pending cases," Farris said. "A uniform approach would be helpful."

Secretary of State William F. Galvin is expected to present the election results to the Governor's Council in early December. Once the council certifies those results, it will take another 30 days for the law to go into effect. In the meantime, a mechanism for issuing fines needs to be worked out.

Northampton Police Chief Russell P. Sienkiewicz said he is uncertain how the fines will be processed and what governmental entity will handle the money.

"The civil regulatory structure doesn't exist now," he said.

Sienkiewicz said it is also unclear how police officers are supposed to determine if an amount of marijuana exceeds an ounce when dealing with people on the street. Both Sienkiewicz and Dunphy Farris also said it remains to be seen how much privacy Question 2 will ensure someone caught with marijuana. Although marijuana possession no longer constitutes a crime, there will be a record of the fine on police logs, Sienkiewicz said.

According to Dunphy Farris, the majority of people arrested for marijuana possession in Hampshire and Franklin counties are diverted into substance abuse programs while their cases are continued. Once they successfully complete those programs, the charges are usually dropped.

Between July 1, 2006 and Sept. 23, 2008, only 88 of the more than 1,700 marijuana possession cases in the Northwestern District Attorney's jurisdiction resulted in a guilty finding, Dunphy Farris said.